(PC) Simmons v. Shasta County District Attorney ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARRON THOMAS SIMMONS, No. 2:21-cv-0242 KJM AC P 12 Plaintiff, 13 v. ORDER 14 SHASTA COUNTY DISTRICT ATTORNEY, et al., 15 Defendants. 16 17 Plaintiff, a country prisoner proceeding pro se, has filed a motion to recall and reduce his 18 sentence under Proposition 47. ECF No. 5. This federal court does not have the authority to 19 grant the requested relief, which is an exclusively state law remedy. Furthermore, to the extent 20 that the motion may be construed as an attempt to convert the complaint into a habeas petition 21 challenging the denial of a motion to recall by the state court, the court declines to do so for the 22 reasons set forth in the February 19, 2021 Findings and Recommendations, ECF No. 6 at 5-6, and 23 because the claim is not cognizable in federal habeas, Estelle v. McGuire, 502 U.S. 62, 67-68 24 (1991) (“[I]t is not the province of a federal habeas court to reexamine state-court determinations 25 on state-law questions.”); Middleton v. Cupp, 768 F.2d 1083, 1085 (9th Cir. 1985) (habeas relief 26 “is unavailable for alleged error in the interpretation or application of state law”). 27 The undersigned has already recommended that this case be dismissed without leave to 28 amend. ECF No. 6. If the district judge adopts the recommendation, the instant motion will be 1 | moot. At this time, the motion will be denied without prejudice. Should the district judge decline 2 || to adopt the pending recommendation, plaintiff may renew his motion. If plaintiff does so, the 3 || undersigned will recommend denial of the motion for preliminary relief for the reasons stated 4 || above. 5 Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to recall and reduce his 6 || sentence, ECF No. 5, is DENIED without prejudice. 7 || DATED: March 3, 2021 ~ 8 Htttenr— Lhor—e_ ALLISON CLAIRE 9 UNITED STATES MAGISTRATE JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28